Northern Territory Numbered Acts Northern Territory Numbered ActsSections 125B to 125E
repeal, insert
(1) A person commits an offence if:
(a) the person intentionally produces, sells, distributes or possesses, or offers or advertises for sale or distribution, material; and
(b) the material is child abuse material and the person is reckless in relation to that circumstance.
Maximum penalty:
(a) for an individual – imprisonment for 10 years; or
(b) for a body corporate – 10 000 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) is a member or officer of a law enforcement agency or a court who has child abuse material in the member's or officer's possession in the exercise of a power or performance of a function conferred or imposed on the member or officer by or under an Act or law; or
(b) has child abuse material in the defendant's possession in the exercise of a power, or performance of a function, relating to the classification of the material that is conferred or imposed on the defendant by or under an Act or law; or
(c) has child abuse material in the defendant's possession for legitimate medical or health research purposes.
(3) In a prosecution of a person for an offence against subsection (1), each of the following is evidence that material was in the person's possession:
(a) proof that the material was in or at a place of which the person was the occupier;
(b) proof that the material was in or at a place, the management or control of which the person was concerned in.
(4) Subsection (3) does not apply to a person if the person neither knew nor had reason to suspect that the material was in or on that place.
(5) In proceedings for an offence against subsection (1), a Commonwealth evidentiary certificate is admissible in any court of competent jurisdiction and is evidence that the film, publication or computer game mentioned in the certificate is child abuse material.
(6) A court that finds a person guilty of an offence against subsection (1):
(a) must order the forfeiture and destruction of any child abuse material in respect of which the offence was committed; and
(b) may order the forfeiture and destruction of any other articles seized at the same time as the child abuse material in respect of which the offence was committed.
(7) In this section:
"Commonwealth evidentiary certificate" means a certificate issued under section 87 of the Commonwealth Act that:
(a) purports to be signed by the Director of the Classification Board or the Deputy Director of the Classification Board; and
(b) states that a film, publication or computer game is classified RC on the basis that it describes or depicts, in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child (whether the person is engaged in sexual activity or not).
Note for section 125B
See also section 208JF.
(1) A person commits an offence if:
(a) the person intentionally publishes an article; and
(b) the article is indecent and the person is reckless in relation to that circumstance.
Maximum penalty:
(a) for an individual – imprisonment for 2 years; or
(b) for a body corporate – 175 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) published the indecent article for the purposes of an application for classification under the Commonwealth Act; or
(b) is a member or officer of a law enforcement agency and published the indecent article in the exercise of a power conferred, or performance of a function imposed, on the member or officer by or under an Act or law.
(3) For this section, an article may be indecent even if part of it is not indecent.
A person commits an offence if:
(a) the person intentionally uses, offers or procures another person for the production of material or for a performance; and
(b) the other person is a child, or a person who appears to be a child, and the person is reckless in relation to that circumstance; and
(c) the material is child abuse material, or the performance is a pornographic or abusive performance, and the person is reckless in relation to that circumstance.
Maximum penalty:
(a) for an individual – imprisonment for 14 years; or
(b) for a body corporate – 15 000 penalty units.
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence against section 125B(1), 125C(1) or 125D (a relevant offence ).
Maximum penalty: The maximum penalty that may be imposed on an individual for the commission of the relevant offence.
(2) An offence against subsection (1) is an offence of absolute liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the commission of the relevant offence; or
(b) took reasonable steps to prevent the commission of the relevant offence; or
(c) did not know, and could not reasonably have been expected to know, that the relevant offence would be committed.
(4) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (3).
(5) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the commission of the relevant offence):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the provision to which the relevant offence relates;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates;
(b) any action the defendant took when the defendant became aware that the relevant offence was, or could be, about to be committed.
(6) Subsection (5) does not limit the matters the court may consider.
(7) This section does not affect the liability of the body corporate.
(8) This section applies to an executive officer whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(9) Subsection (1) does not apply to an executive officer if the body corporate would have a defence to a prosecution for the relevant offence.
Note for subsection (9)
The defendant has an evidential burden in relation to the matters mentioned in subsection (9) (see section 43BU of the Criminal Code).
(10) In this section:
"executive officer", of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.